Breaking: ICC Rejects Libya’s Admissibility Challenge

by Kevin Jon Heller

The Pre-Trial Chamber has held that Libya cannot try Saif and must surrender him immediately to the Court — which, of course, it will not do. Analysis when I have time to read the lengthy judgment, which can be found here.

http://opiniojuris.org/2013/05/31/breaking-icc-rejects-libyas-admissibility-challenge/

2 Responses

  1. Basing the entire decision on inability rather than unwillingness is less confrontational, but might be thought to take a too liberal reading of Art 17(3). Being “capable” or applying a legal system “in full” might be thought by some to be a far cry from a “total or substantial collapse” that was likened to the Somali justice system during the statute’s drafting. I look forward to the appeal. 

  2. Catherine,

    Too liberal how? The inability to obtain Saif seems legitimate to me — though I am curious why the defence-counsel issue was addressed as inability instead of unwillingness.

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